Los Angeles daily herald., 1887-12-06
COURT NOTES.
Matters OF Interest In Legal
Circles.

Circles.
In Judge Cheney's court some de.
lay was occasioned yesterday morn
ing on account of the sickness Of dep
uty clerk Mr.. Ward.
At 10 A. M. ten as hard-looking pris-
oners a. are often seen filed into the
prisoners dock. Among the number
was George Westfall, E. Rochelle, +.
X. Stout, Jim Jones, Evan Guile.
Joseph Williams, William Joseph and
others whose faces are becoming ia
miliar in the dock.
The following arraignments were
made: Frank Wilson and Joseph
Ellsworth, each for charge of rob-
berry Jim Jones charged with grand
larceny and Il. H. Carver on two
charges for embezzlement, and Susan
Webher charged with assault with an
assault with intent to murder.
Thursday, December s, at 10 A. NJ.
was the time set for pleading in all
the arraienments.
j, X. Stout's case was passed for
arraignment until December s, in
order that he might secure an attor-
pey The charge is an assault with
intent to murder.
Hattie Woolsteen's case was set for
trial February 9th, at 10 A NJ.
Forfeitures on the old bonds were
declared and an alias bench warrant
issued in the cases of Thos. II. Rose.
NJ. Burke and George Watson. New
bail for each fixed at $4,000.
Charles Morris, who pleaded guilty
to q charge OF passing fictitious paper
and realizing "a therefrom was SEN
fenced to two years at San Quentin.
Henry Walker, charged with grand
larceny, ona plea Of guilty was given
two years at Folsom. The prisoner
requested the Court to send him to
Folsom on account OF his being afiiict-
ed with bronchitis.
e. Rochelle, who was tried last
week on charge of robbery and
found guilty. was sentenced to four
years at hard labor in the penitentiary
at s IN Quentin.
G.. Prerado, charged with assault to
murder, pie ,ded not guilty. Trial set
for December 18th, at 10 A. VI.
The cases of Jas Williams, VIM.
joseph. Evan thule and d. N. Con-
ner were each set for trial on Deem
Der 18th.
Geo. Westfall was given until to-
day to secure an attorney and will be
arraigned this morning. When asked
by the Court who was his attorney he
feebly fumbled for some seconds in
his pocket, from which he pro-
duced a Taper upon which was writ
ten o. Mason. He handed this to a
deputy when again requested to state
who was his attorney.
After the arraignment of Susan V.
Webher on new charge of assault to
commit murder, motion was en-
tered ny her attorney to dismiss on
the grounds that the defendant has
been on trial for the same offence and
that the information was not filed
within thirty days thereafter as re-
quired by statute and further that the
defendant was illegally tried in the
lower court. The District Attorney
was given until December 9th to an
swer and file aflidavits.
The remainder Of the day was con
sumed in securing jury in the case
of Grettie Rozelle, the vitriol thrower.
In Judge Hutton's department a
large number of cases were continued
and a number tried.
All Lem against Chief Darcy, in
which Lem asked for the recovery of
a certain trunk and various articles
contained therein, was decided in
favor of the plaintiff. 1t will be re-
membered that some weeks ago All
Lem appeared as a prosecuting wit
ness against Chief Darcy in Justice
Taney's court, where the Chief was
discharged after being heard on a
charge of false imprisonment
In the habeas corpus case OF John
Fonk, an order was made at the in
stance of the District Attorney, dis
charging the complainant. it appearing
that Judge O'Melveny erred in sem
fencing the defendant to imprisonment
for thirty days, five being the limit
according to the statute.
In the case OF Happ VS.. Happ, a
divorce was decreed to Mrs. Hattie
Happ on the grounds OF desertion on
the part of her husband.
Divorces we're also deereed to Cert
rude Parker, Mary Beach, Mary E.
Jackson and Mary A. Oliver.
Judge OMelveny was occupied the
greater part of the day in the trial of
the case of Samuel Chapman VS.. Alb
bott Kinney ct al. The evidence is to
the effect that the plaintiff is the own
er of Lots and 2, Sec. II, TIP. N, r.
IL W.. and that in 1880 stream run
ming through his premises was di-
verted, upon due notice, out of IFS nat
ural channel for irrigation purposes.
and used same up to 1880, when the
stream of water failed 1t is alleged
that at that time the defendant run a
tunnel under The ditch, which was
the cause of the failure. This is de-
MED on part of the defendant, who
seeks to prove that the tunnel in no
way effected the ditch. The case was
taken under adyisement at late
hour.